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Republic of the Philippines

House of Representatives October 6, 2022


Quezon City, Metro Manila 12:14 pm

NINETEENTH CONGRESS
First Regular Session

5419
House Bill No. _______

INTRODUCED BY REP. PM VARGAS

AN ACT
PROMOTING SUSTAINABLE AND ALTERNATIVE MODES OF
TRANSPORTATION AND OTHER MOBILITY OPTIONS TO IMPROVE AIR
QUALITY, INCREASE EFFICIENCY, REDUCE ROAD CONGESTION, AND
CONTRIBUTE TO POSITIVE HEALTH IMPACTS IN OUR SOCIETY

EXPLANATORY NOTE

Modernizing public transportation remains a challenge in the


Philippines, especially in Metro Manila where urban transportation is marred
by heavy congestion due to the huge difference between private vehicles and
public utility vehicles. With an underdeveloped public transportation system,
commuters often face the heavy burden of traffic inconvenience and are
inappropriately incentivized further to invest in private vehicles instead.

On the other hand, air pollution in the country remains a challenge.


Globally, the Philippines ranked 64th in 118 countries in terms of the worst
air quality in 2021. According to figures from 2016, as reported by the
Department of Environment and Natural Resources (DENR) 80 per cent of the
country’s air pollution comes from motor vehicles whilst the remaining 20 per
cent comes from stationary sources, such as factories and the open burning
of organic matter.1

The 2017-2018 Global Competitiveness Report of the World Economic


Forum identifies “inadequate supply of infrastructure,” which includes roads,
bridges, and mass transportation, as the second-most problematic factor to
doing business in the Philippines.

With remarkable innovations and technological development all around


the world, solutions point to promoting sustainable and alternative modes of
transportation and other mobility options.

1 IQAir. 2022. https://www.iqair.com/philippines (Accessed October 4, 2022)


A sustainable transportation system that values communities and the
public as stakeholders present an opportunity to fix the decades-long problem
of mass transportation in the country.

This bill seeks to formulate and establish an overall action plan to build
not just an efficient, world-class transportation system, but also one that is
inclusive, accessible, non-polluting, and sustainable.

In view of the foregoing, the immediate passage of this bill is earnestly


sought.

REP. PM VARGAS
Fifth District, Quezon City
Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session

House Bill No. 5419


_______

INTRODUCED BY REP. PM VARGAS

AN ACT
PROMOTING SUSTAINABLE AND ALTERNATIVE MODES OF
TRANSPORTATION AND OTHER MOBILITY OPTIONS TO IMPROVE AIR
QUALITY, INCREASE EFFICIENCY, REDUCE ROAD CONGESTION, AND
CONTRIBUTE TO POSITIVE HEALTH IMPACTS IN OUR SOCIETY

Be it enacted by the Senate and House of Representatives of the Philippines in


Congress assembled:

SECTION 1. Short Title. – This Act shall be known as the “Sustainable


Transportation Act.”

SECTION 2. Declaration of Policies. – In conformity with the provisions of


the constitution to promote general welfare and social justice in all phases of
national development, to protect and advance the right of the Filipino people
to a balanced and healthful ecology in accord with the rhythm and harmony
of nature, and to conserve and develop the patrimony of the nation, and in
consonance with signed international agreements such as Aichi Statement of
2005, United Nations Economic Commission for Europe (UNECE) Agreement,
United Nations Framework Convention on Climate Change (UNFCCC)
Agreement of 1992, UNECE World Forum for Harmonization of Vehicle
Regulations (WP 29), and Bangkok Declaration for 2020, the State hereby
adopts the following policies relative to the transportation system in our
country, whether public or private:

a) The State shall promote a shift towards a safe, cost-effective,


efficient, non-congestive, non-pollutive, and healthful locomotion
and seamless and inclusive transportation system for the benefit of
all citizens, economy and society;
b) The State shall increase mobility options of the general public and
promote the use of alternative modes of transportation, such as
non-motorized transportation, green vehicle and public
transportation;
c) The State shall properly plan and establish facilities and
infrastructure that will respond to this paradigm shift in the
transportation system;
d) The State shall espouse social equity and gender perspective in the
formulation of a Sustainable Transport Action Plan, reinforcing
existing rules, regulations and laws;
e) The State shall establish its plan and programs in conformity with
the overall integrated national land use plan as well as the local
comprehensive land use plans; and
f) The State shall encourage the viable use of alternative and cleaner
fuels in view of vehicular modernization.

SECTION 3. Definition of Terms. – The following terms shall have their


respective meanings:

a) Mixed-Use Development refers to any urban, suburban or village


development, or even a single building, that blends a combination
of residential, commercial, cultural, institutional, or industrial uses,
where those functions are physically and functionally integrated,
and that provides pedestrian connections;
b) Motor Vehicle refers to a self-propelled vehicle or any vehicle
propelled by any power other than muscular power. The term does
not include an electric bicycle;
c) Public Transportation refers to a shared passenger transportation
service which available for use by the general public. These include
buses, trams, trains, rapid transit, and ferries;
d) Road Safety Audit refers to the systematic checking of the safety
aspects of new highway and traffic management schemes, including
modifications to existing layouts. The main aim is to design out
safety problems from the beginning and to reduce future problems.
Safety audits should be included during the design, construction,
and maintenance phases of road projects;
e) Transit-Oriented Development (TOD) refers to a mixed-use residential
and commercial area designed to maximize access to public
transport and often incorporates features to encourage transit
ridership. A TOD neighborhood typically has a center with a transit
station or stop (train station, metro station, tram stop, or bus stop),
surrounded by relatively high-density development with
progressively lower-density development spreading outward from
the center;
f) Transportation Demand Management (TDM) refers to strategies that
increase transport system efficiency. TDM gives priority to modes
that move people more efficiently and discourages the use of single
occupancy vehicles to reduce traffic congestion. It also includes
promotion of non-motorized transport (NMT) through walking and
cycling;
g) Walkways refer to a continuous way designated for pedestrians and
separated from the through lanes for motor vehicles by space or
barriers; and
h) Sustainable Transport refers to any means of transport with low
impact on the environment, accessible, safe, environment-friendly,
and affordable. It includes walking and cycling, transit-oriented
development, green vehicles, carpooling, and building or protecting
urban transport systems that are fuel-efficient, space-saving and
promote healthy lifestyles.

SECTION 4. Sustainable Transport Action Plan. – The Department of


Transportation (DOTr), in coordination with the Department of Environment
and Natural Resources (DENR), National Economic Development Authority
(NEDA), and other key stakeholders from the national and local levels, as may
be deemed necessary, shall prepare a Sustainable Transport Action Plan
which aims to provide a roadmap for national and local transportation system
to be adhered to at all levels throughout the country.

The Sustainable Transport Action Plan shall include strategies relating to the
inclusion of non-motorized transport, the development of a seamless and
inclusive public transportation system, green infrastructures and facilities,
and enforcement of transportation demand management measures. These will
set out the actions required to achieve the mode shift target over certain
period of time as identified by DOTr.

SECTION 5. Integrated Land Use and Transportation Plan. – In the


preparation and updating of their land use plans, all local government units
(LGUs) shall explore the important relationship between land use and
transportation and ensure that land-use and transportation decisions be
made in conjunction with each other to balance and coordinate the mix of
land uses, with the end in view of sustaining a healthy economy, supporting
the use of alternative transportation, and enhancing the quality of life. Said
plan shall include strategies to avoid unnecessary travel through transit-
oriented development. Further, the DOTr shall provide technical assistance
to key stakeholders and LGUs in the completion of these integrated land use
and transportation plans, upon the request of the LGUs and subject to
availability of resources.

SECTION 6. Establishment of Emission Control and Standards, Road


Safety and Inspection and Maintenance. – The State shall endeavor to
achieve a smoke-free, accident-free, and effective road safety management
system. In line with this, the existing motor vehicular standards set by the
DOTr and DENR on emission, fuel economy, and roadworthiness shall form
part of the Sustainable Transport Action Plan as consistent with the objectives
of this Act. The DOTr, in coordination with related agencies, shall strictly
implement these emission standards and conduct stronger road
apprehension:

a) Emission Control and Standards. – Pursuant to Philippine Clean Air


Act of 1999 or Republic Act No. 8749, the DOTr, through the Land
Transportation Office (LTO), shall conduct the vehicle test for
emissions utilizing the Motor Vehicle Inspection Station (MVIS) as
well as establish a roadside inspection system to ensure that
vehicles comply with emission standards.

b) Road Safety Program. – The existing road safety program shall be


enhanced and strictly enforced, by adopting a zero-fatality policy,
implementing appropriate speed controls and imposing a regular
Road Safety Audit (RSA) to influence safety performance on an
ongoing basis. The Department of Public Works and Highways
(DPWH) shall identify the roads and highways to be audited and
shall be responsible for the conduct of the RSAs.

SECTION 7. Use of Alternative Energy and Cleaner Fuels. – The


Department of Energy (DOE), in coordination with the DOTr and the DENR,
shall formulate strategies towards vehicular modernization and use of
alternative energy and cleaner fuels, such as but not limited to Compressed
Natural Gas (CNG) fueled buses and electric motor-powered vehicles,
pursuant to the Philippine Standardization Law or Republic Act No. 4109,
Philippine Clean Air Act of 1999 or Republic Act no. 8749 and the Biofuels
Act of 2006 or Republic Act No. 9367. The availability, viability, safety,
sustainability, energy resilience, and fuel efficiency of these alternative energy
and cleaner fuels shall be taken into consideration, as well as transparency
and route measured capacity in relation to the issuance of provisional
authorities or franchises.

SECTION 8. Non-Motorized Transportation. – The DOTr shall develop


policies and guidelines that promote non-motorized transportation such as
walking and bicycling, and variants such as the use of strollers, small-
wheeled transport (skates, skateboards, push scooters and hand carts) and
wheelchair travel to meet public transportation demand. Said policies and
guidelines shall include design principles for supporting facilities and
infrastructure that will espouse a seamless transportation system such as,
but not limited to, exclusive pedestrian and bike lanes, safe street crossings
and access ramps for persons with disabilities (PWDs) to ensure inclusive
non-motorized transportation.

a) Installation of Walkways. – Each LGU shall maintain adequate


sidewalk areas on roads frequented by pedestrians as walkways to
allow safe pedestrian passage and for the safe and convenient use
of wheelchairs, strollers, and similar instruments. For primary and
secondary roads, there shall be allotted three (3) meters for the
sidewalks. If there is no space allocated for such and the
implementation will prove difficult, in lieu thereof, either an elevated
footbridge or underground walkway must be installed.

b) Designation of Bikes Lanes. – Each LGU shall designated a bike lane


measuring at least one (1)-meter wide on the rightmost portion of
major roads within its jurisdiction which shall be clearly marked as
such and segregated from all vehicular traffic lanes by a yellow
dividing line. Currently designated bike lanes shall be assessed for
safety and connectivity and shall be subject to measures that will
improve the same.

The designated bike lanes shall be for the preferential or exclusive


use of bicycles. All motorized vehicular traffic shall not be allowed
to use the bike lane at any time of the day. The right of way of bikers
shall be paramount at all times and may not be obstructed by a
parked or standing motor vehicle or other stationary object, even in
intersections.

c) Provisions of Bicycle Parking Spaces and Bike Racks. – The DOTr


shall establish guidelines on the minimum supply of bicycle parking
spaces and bike racks in buildings and other facilities, taking into
consideration the population of the short-term or long-term dwellers
in the area. The owners of these establishments shall be required to
provide for such.

SECTION 9. Public Transportation. – The DOTr shall provide guidelines that


will promote a shift towards seamless and inclusive public transportation as
a primary mobility option to the general public, especially the poor, including
elderly, PWDs, women, youth, and children. Better public transportation
initiatives shall be studied and implemented in an effort to reduce the impact
of fossil fuel on our environment and financial markets, provide high quality
but affordable transport services as well as help reduce energy costs and
pollution. Further, a unified and automated fare collection shall, as much as
possible, be established amongst all the available forms of public
transportation.

The DOTr shall conduct a Land Transportation Rationalization Study which


will scientifically determine the actual need for public transportation in the
various routes. This study shall objectively determine the actual number of
public buses, jeeps, taxis and other public utility vehicles (PUVs) needed by
the public in a certain route, road, street, locality or area. After completion,
the study will be used as the basis for the Land Transportation Franchising
and Regulatory Board’s (LTFRB) issuance of the franchises for all the PUVs
and grant of authority to operate as a vehicle for hire.

a) Commissioning of a “Bus Rapid Transit (BRT) System.” – The DOTr


shall conduct a study commissioning the creation of a Bus Rapid
Transit (BRT) System which will organize buses into one efficient
long-distance transportation system with coordinated schedules,
rates, routes, and pick-up and drop-off points. The LGU and the
private sector, including but not limited to, mall owners and bus
companies, may be tapped in order to put up or use existing
facilities such as parks, parking lots, and bus depots that will serve
as large collective transportation terminals where people can park
their cars and bikes and take the buses to their destinations.
b) Establishment of a Water Ferry System. – As much as practicable,
the national agencies and water regulatory bodies in charge of a
water body led by the DENR, in coordination with the DOTr, shall
study and initiate the establishment of ferry system in navigable
bodies of water.

SECTION 10. Transportation Demand Management Programs. – The


DOTr, in coordination with the Department of Labor and Employment (DOLE),
Department of Education (DepEd), Department of Trade and Industry (DTI),
and one representative each from the civil society, transport sector, and the
youth, shall come up with guidelines on transport demand management
programs that will reduce the volume of cars and motorized transport in the
roads as well as enhance and encourage students and workers to use the
public transport system.

These shall include, but is not limited to, the following:


a) Carpool, vanpool, or car-share projects;
b) Car ownership policies in relation to parking and air pollution;
c) Congestion pricing measures;
d) Programs to promote telecommuting;
e) Flexible work schedules, or satellite work centers;
f) Transport program for government employees; and
g) Intellectual transportation systems.

SECTION 11. Facilities. – The DOTr, in coordination with the DPWH and the
LGUs concerned, shall carry out an investment program that will encourage
a shift to sustainable transport within selected communities by providing safe
and convenient options to bicycle and walk for routine travel, and for other
purposes. Transit-oriented development, supporting facilities for non-
motorized transportation, intermodal connectivity and public transportation
shall be developed in accordance with the land use and transportation plan.

SECTION 12. Public Health Program. – An Inter-Agency Task Force


composed of the DOTr and the DOH shall be created to lead the formation
and the implementation of a Transportation and Health Impacts Program. The
Task Force shall formulate strategies for the reduction of the negative health
and environmental impacts of transportation to road users. These strategies
shall include, but not be limited to strengthening of public health services,
formulation of the necessary department administrative orders and required
regular general and audio-logical checkup for road users and affected
communities. Further, the Task Force shall regularly monitor and evaluate
these strategies.

SECTION 13. Education and Research Programs. – The DOTr and NEDA
shall conduct studies and researches, and eventually supply information to
the car-owning and riding public as well as commuters on aspects of
sustainable transport that are relatively new. Technical assistance may be
provided to other government agencies and private sector representatives
involved in the transport system.
The DOTr shall also conduct continuous public consultations and social
impact assessments among stakeholders affected by the Sustainable
Transport Action Plan. Social safety nets shall be carefully studied,
formulated and implemented, as needed.

SECTION 14. Financing. – The DOTr, in coordination with key stakeholders


deemed necessary, shall explore the possibility of accessing a growing range
of global environment funds in order to be able to assist in the funding of
sustainable public transport systems. Public-private partnerships shall also
be encouraged in the development of transportation improvements.

Further, seventy-five percent (75%) of the seven and one half percent (7.5%)
allotted in the Special Vehicle Pollution Control Fund (SVPCF) provided for in
Section 7 of Republic Act No. 8794 or An Act Imposing A Motor Vehicle User’s
Charge On Owners Of All Types Of Motor Vehicles And For Other Purposes
shall be retained by the DOTr for the implementation of this Act.

SECTION 15. Implementing Rules and Regulations. – Within sixty (60)


days from the approval of this Act, the Secretary of the Department of
Transportation (DOTr), in coordination with other relevant government
agencies and stakeholders, shall issue the necessary rules and regulations for
the proper implementation of this Act.

SECTION 16. Separability Clause. - If any provision of this Act is held


invalid or unconstitutional, the same shall not affect the validity and
effectivity of the other provisions hereof.

SECTION 17. Repealing Clause. - All laws, decrees, orders, and issuances,
or portions thereof, which are inconsistent with the provisions of this Act, are
hereby repealed, amended or modified accordingly.

SECTION 18. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,

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